Two Liberal Judges Just Gave the Supreme Court Cover to Legalize Assault Weapons

Jurisprudence

July 24, 20261:58 PM

Judge Arianna Freeman—a progressive appointee of President Joe Biden—wrote the majority opinion.

Photo illustration by Slate. Photos by gsagi/Getty Images Plus and the U.S. Senate Judiciary Committee.

For years, state bans on assault rifles and large-capacity magazines had enjoyed an unbroken winning streak throughout the nation’s federal courts of appeals. That run came to a halt last Friday when the U.S. Court of Appeals for the 3rd Circuit struck down New Jersey’s bans on both, granting civilians a Second Amendment right to military-grade weaponry. Given the 3rd Circuit’s conservative tilt, this outcome was no surprise. But the margin of the vote split was stunning: The court, sitting en banc, ruled 10–5 against the Garden State’s laws, with Judge Arianna Freeman—a progressive appointee of President Joe Biden—writing the majority opinion. This lopsided vote may give the Supreme Court greater ideological cover to enshrine a nationwide right to assault weapons when it takes up the issue next term.